Ex Parte Virgil et al - Page 2

                Appeal 2006-3059                                                                                
                Application 10/293,725                                                                          
                       Appellants invented a mounting plate to which articles are secured by                    
                threaded fasteners, the mounting plate having improved impact load                              
                resistance properties (Specification [0001]).  Claim 1, which is                                
                representative of the claimed invention, reads as follows:                                      
                             1. Mounting apparatus for supportively mounting                                    
                             parts that includes:                                                               
                                    a mounting plate having a flat top surface                                  
                             and a bottom surface and at least one hole passing                                 
                             through said plate;                                                                
                                    a threaded fastener to be threadably received                               
                             in said hole;                                                                      
                                    an endless depression formed in said plate                                  
                             that surrounds said hole, said depression                                          
                             protruding upwardly from the top surface of the                                    
                             plate; and                                                                         
                                    said depression having a size and a shape                                   
                             such that the magnitude of stresses resulting from                                 
                             impact loads about the at least one hole are                                       
                             reduced to a level below the yield strength of the                                 
                             plate                                                                              
                                    wherein said plate is fabricated of sheet                                   
                             metal and the threaded fastener is a self tapping or                               
                             thread forming screw that forms a thread in said                                   
                             hole upon entry therein.                                                           
                       Appellants seek review of the Examiner’s rejection of claims 1-3, 6,                     
                and 7 under 35 U.S.C. § 102(b) as being anticipated by Hasan (US                                
                5,908,278, issued June 1, 1999).  Appellants also seek review of the                            
                Examiner’s objection to the drawings and Specification.  The issue of                           
                compliance with 37 C.F.R. § 1.121(d) relates to a petitionable matter and not                   
                to an appealable matter.  See Manual of Patent Examining Procedure                              
                (MPEP) §§ 1002, 1002.02(c), and 1201.  Accordingly, we will not review                          
                the first issue raised by Appellants on page 2 of the Appeal Brief.                             


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